Calgary Electrical Contractors Inc. Terms and Conditions

 

 

For the purposes of the following terms and conditions are meanings are:

"The Company", "Our" or "We" shall mean Calgary Electrical Contractors Inc.

"The Customer" shall mean the person or organization for which the Company agrees to carry out the works and/or materials with.

Please read these terms and conditions carefully. By employing our services you accepted a contract with us and have agreed and understood the following Terms and Conditions:

NO TERMS, conditions, deletions, modifications or other understandings, oral or written, in any way purporting to vary these terms and conditions, WHETHER CONTAINED IN CUSTOMER'S FORMS OR ELSEWHERE, SHALL BE BINDING UPON CALGARY ELECTRICAL CONTRACTORS INC. unless approved in writing and signed by CALGARY ELECTRICAL CONTRACTORS INC. Any terms inconsistent with those stated herein which appear on Customer's formal purchase order will not be binding on Calgary Electrical Contractors Inc. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time.

  1. QUOTES: Quotes are valid for 30 days, and are cancelable in the event of causes beyond our the control. Quotes are based on the assumption that all plans and specifications meet all applicable codes, standards, regulations or laws, as per the most current versions of the Electrical Code. Quotes are based on work being performed during regular working hours. It is reasonable to expect that disruptions to the mutually agreed upon schedule may result in changes to the contract price, and should be agreed in writing between the Customer and Calgary Electrical Contractors Inc. While Quotes and Quote Site Visits are provided to the Customer free of charge, we reserve the right to be notified of a Quote appointment cancellation or change prior to the appointment. Failure to do so may result in a charge to the Customer.
  2. LIMITATION OF WARRANTY AND REMEDIES: Subject to the limitations below, we warrant all workmanship for a period of ONE YEAR from the DATE OF FINAL PAYMENT. Calgary Electrical Contractors Inc. reserves the right to cancel warranty due to Customer's incompliance with our Terms and Conditions. This warranty does not apply to any products which have been subjected to abuse, mishandling, modifications by third parties, or improper use. The warranty described in this paragraph constitutes the only warranty of Calgary Electrical Contractors Inc. and is in lieu of all other warranties or conditions, statutory or otherwise, express or implied, including any implied warranty ability or fitness for a particular purpose. Warranty service will be performed at no charge between the hours of 8:00am and 4:30pm local time, Monday through Friday exclusive of our holidays. Warranty service requested to be performed at other than during our normal working hours shall be chargeable at our standard overtime rates. Our warranties are not transferable and shall terminate upon the Customer's resale of the Property. The Customer further agrees that under no circumstance shall the Company be liable for loss of time, inconvenience, commercial loss, or incidental or consequential damages that arise by way of breach of these Terms and Conditions.
  3. INDEMNITY: The Customer agrees to indemnify and hold The Company harmless from any expense, loss or injury arising out of or resulting from work site damage or the faulty or negligent installation of the equipment by the Customer or Installer or any of their respective agents or employees. The Customer shall reimburse the Company, its agents, employees, officers, directors, or insurers that may pay, or become obligated to pay in connection with any such claim or action.
  4. FORCE MAJEURE: The Company shall not be liable for any damage, cost or loss of profits of the Customer arising from a failure by Calgary Electrical Contractors Inc. to comply with its obligations under the Quotation where such failure is attributed to fire, flood, storm, labour shortages, accidents, acts of civil or military authorities, or from any other causes beyond our control.
  5. ELECTRICAL PERMITS and INSPECTIONS: Calgary Electrical Contractors Inc. will obtain the necessary municipal electrical permits. The Customer is responsible for all fees charged to Calgary Electrical Contractors Inc. to obtain this permit. Calgary Electrical Contractors Inc. reserves the right to freeze, or cancel an electrical permit due to Customer's incompliance with our Terms and Conditions. In such event, the Customer will be liable for all our fees incurred. The Company will arrange for an electrical inspection at a day convenient to the Customer. The Company is limited to providing either a AM, or PM specification of the inspection time, as limited by information we receive from the City of Calgary. The Customer is responsible for being at the work site premises on time and meeting the inspector for the electrical inspection. Cancellations are accepted until 24 hours prior to scheduled inspection time. Failure of the Customer to meet the inspector at the specified appointment time may result in an additional charge to the Customer. Unless previously agreed to, the Customer will not schedule any inspections without prior knowledge of Calgary Electrical Contractors Inc.
    Building Permits: Calgary Electrical Contractors Inc. reserves the right to apply an administrative fee to builders who list The Company as an electrical contractor for the sole purpose of obtaining a building permit.
  6. ALTERATIONS BY THE CUSTOMER: All repairs or adjustments that are or may become necessary under the warranty provisions of the Quotation shall be performed only by an authorized representative of The Company. Any repairs, adjustments, or interconnections performed by the Customer or at the Customer's request by anyone other than an authorized representative of Calgary Electrical Contractors Inc. shall void all warranties and electrical permits contained herein.
  7. PAYMENT TERMS: Payments are due upon invoice, unless otherwise agreed in writing with the Customer. With the exception of projects where an electrical permit is not required, the Customer agrees to pay 75% of the invoice upon the completion of the rough-in electrical inspection, and the remaining 25% upon completion of final electrical inspection. Any invoices outstanding for more than 30 days qualify for a Builder's Lien. In the event that the Customer defaults on the obligation to pay each invoice when due, then, in addition to all other rights and remedies available to it, we shall have the option to freeze or cancel the electrical permit and provision of any service until the Customer's account is fully paid. The Company may also assess an interest at the rate of 2% per month. The Customer also agrees to pay all costs, including but not limited to reasonable legal fees, agency commissions, and other fees sustained by The Company in pursuit of payment which is past due. General Contractors are liable to pay Calgary Electrical Contractors Inc. whether or not they receive payment from their Customers.
  8. IMPAIRMENT OR INSOLVENCY: If the Customer becomes insolvent, or if the Customer fails to maintain its account with the Company on a current basis, or the the Company reasonably believes that the Customer may fail to perform under the above conditions, or the the Customer has failed to perform completely on any other contract with the Company, then we may at our option, refuse further services under this agreement, stop delivery of any materials in transit and/or may cancel this agreement without liability to Calgary Electrical Contractors Inc. The Customer remains liable for the payment of all materials previously delivered and any work performed by the Company prior to the termination. Our termination of the contract shall in no way prejudice the any other rights or remedies the Company may have under this Agreement.
  9. CHANGE ORDERS: The Customer may from time to time (a) make changes to the specifications; (b) issue additional instructions; and/or (c) require additional work or direct the omission of work previously ordered (hereinafter the "Change Order(s)"). The Customer shall be responsible to pay for any and all Change Orders authorized by the Customer and accepted by Calgary Electrical Contractors Inc. Change Orders may be oral or in writing. The Company shall not be obligated to secure a written Change Order from the Customer before doing the work but shall subsequently provide the Customer with the approximate and/or actual cost for the Change Order. All hidden, concealed, or unforeseeable conditions, including code violations that must be repaired, corrected, replaced, or overcome shall result in an additional charge to the Customer. Please note that cancellation of any quoted project by the Customer after the project was granted and started by Calgary Electrical Contractors Inc. will result in an hourly charge for the work, as carried out up until the cancellation notice, at the current Residential, or Commercial rate. Material re-stocking fees, and City of Calgary permit charges may apply.
  10. WORK SITE PROVISIONS: Unless otherwise agreed in writing, ALL garbage boxes, trenching, back filling, cutting, coring, patching, painting, fire stopping, caulking, plywood backing are to be supplied by The Company by the Customer, at no cost to Calgary Electrical Contractors Inc
  11. MATERIALS: All required materials will be furnished in accordance with industry-established tolerances on colour variations, thickness, size, finish, texture, and performance standards unless specified otherwise, and that if there are variances called for after the issuance of specifications, these changes will have an impact on the final price. Industry-established materials include basic white receptacles and cover plates, Decora upgrade will be charged as extra. All specialty devices such as dimmers, four way switches, timers and motion sensors/switches will be charged as extra. Any installation of specialty lighting will be charged on a time and material basis (Eg: chandeliers and ceiling fans).
  12. PERSONAL PROPERTY: The part of the project that is in or near to the work area should be clear of the Customers's personal property, including but not limited to, furniture and wall-hanging features. Should the Company need to remove personal property from the work area, an additional reasonable charge shall be assessed. Any and all personal property of the Customer, including but not limited to furniture that is in or near the work area is the responsibility of such Customer and the Company shall not be responsible for any damage to the property, including any monetary, repair and/or replacement value of said property. The Customer agrees to indemnify, defend and hold forever harmless the Company for any claims related to stained, broken, damaged, or destroyed personal property.
  13. MOLD and HAZARDOUS SUBSTANCES: Mold and hazardous substances (Eg: asbestos) may be found in homes. The Customer hereby agrees that the Company shall not be responsible for, and hereby waives and releases the Company from any claims, damages, actions, costs or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold, or hazardous substances that may or may not be associated with defects in construction, including, but not limited to, property damage, personal injury, loss of income, anxiety, and adverse health, or any other effect on the Customer and/or Customer's family, friends or invitees. The discovery and/or removal or testing of any mold or any hazardous materials as defined by the Environmental Protection Agency (EPA) is excluded from the scope of work and any quotes. The Company reserves the right to stop work until such materials are removed.
  14. SAFETY and SECURITY: All general site safety requirements including first aid and suitable site security are the responsibility of the Customer unless otherwise specified. Risk of loss shall pass to the Customer upon delivery of materials. The Company shall not be responsible for any loss due to fire, vandalism, weather or theft of any materials once delivered to the job site. The Customer shall assume all responsibility for any such loss and the Customer shall maintain insurance coverage to protect against the same. The Company requests that all pets and children are kept out of the work site vicinity, and for the Customer maintain a 5 foot radius from the Company workers while services are carried out.
  15. SUPERVISION: The Customer agrees that the direction and supervision of Calgary Electrical Contractors Inc's. working forces, including sub-contractors, rest exclusively with the Company. The Customer shall not interfere with the Company's working forces, or subcontractors.
  16. EXCESS MATERIALS: Extra materials left over upon completion of the work shall be deemed to be the Company's property. The Company may enter the premises to remove excess materials at all reasonable hours.
  17. CANCELLATION POLICY: Calgary Electrical Contractors Inc. reserves the right to terminate any signed agreement or project at any time.
  18. ENTIRE TERMS and CONDITIONS: These Terms and Conditions shall constitute the entire agreement and understanding between the Customer and the Company and any prior understandings or representations of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent the same is/are incorporated within these Terms and Conditions. The Company and the Customer acknowledge that there are no covenants, representations, warranties, agreements, or conditions either expressed or implied, which in any way affect, or are a part of, or relate to this Agreement except for those expressly set forth herein above.
  19. ASSIGNMENT: These Terms and Conditions are not assignable by the Customer in whole or in part without the prior written consent of the Company.
  20. MODIFICATION: Any modification of these Terms and Conditions other than as specified herein and/or any contract document shall be binding only if evidenced in writing signed by both Calgary Electrical Contractors Inc. and the Customer, or an authorized representative of either.

Last Updated: May 15, 2010